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HIGH COURT OF PATNA
Mr. Justice Partha Sarthy
PRABHAT KUMAR – Appellant
Versus
The State – Respondent
CR. MISC./20642/2022
An accused is entitled to bail if he has been in custody for a prolonged period of time, there is no strong evidence against him, and the co-accused have been enlarged on bail.
Headnote:
BAIL - SECTION 364A IPC - KIDNAPPING FOR RANSOM - BAIL GRANTED AFTER 2 YEARS 11 MONTHS OF CUSTODY - CO-ACCUSED ENLARGED ON BAIL ON WHOSE CONFESSIONAL STATEMENT NAME OF PETITIONER TRANSPIRED
Fact of the Case:
The petitioner was arrested in connection with a case registered under sections 364A and 34 of the Indian Penal Code for allegedly kidnapping a person and demanding ransom. The petitioner was implicated in the case based on the confessional statement of a co-accused. The petitioner had been in custody for more than 2 years and 11 months.
Finding of the Court:
The court noted that the petitioner had been in custody for more than 2 years and 11 months and that the co-accused, on whose confessional statement the petitioner was implicated, had been enlarged on bail. The court also considered the fact that no incriminating articles were recovered from the petitioner's possession.
Issues: Whether the petitioner should be granted bail after being in custody for more than 2 years and 11 months.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the length of time he had been in custody, the fact that the co-accused had been enlarged on bail, and the lack of incriminating evidence against the petitioner.
Final Decision: The court granted bail to the petitioner on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20642 of 2022
Arising Out of PS. Case No.-5 Year-2020 Thana- GHOSWARI District- Patna
======================================================
PRABHAT KUMAR S/O ISHWAR DASH @ ISHWAR PRASAD Resident
of Doctor Colony Mokama, P.S.- Mokama, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s :
Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4
11-01-2023
Heard learned counsel for the parties.
The petitioner has preferred this application for grant
of regular bail in a case registered under sections 364A and 34
of the Indian Penal Code.
As per the prosecution case, the son of the informant
disappeared and was not to be found. Subsequently, the
informant states that he received phone calls from the mobile
numbers mentioned in the F.I.R. making demand of ransom to
the tune of Rs.10 lacs.
It is submitted by learned counsel for the petitioner
that the F.I.R. was registered against unknown. The petitioner
was falsely implicated in the case in course of investigation in
the confessional statement of co-accused Ramnivas Kumar
made before police. No incriminating article has been recovered
Patna High Court CR. MISC. No.20642 of 2022(4) dt.11-01-2023
2/2
from the petitioner’s possession and the aforesaid Ramnivas
Kumar has been enlarged on bail vide order dated 17.11.2021
passed in Cr. Misc. no.61792 of 2021. The petitioner is in
custody since 16.1.2020 and chargesheet has been submitted in
the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and
taking into consideration the material that has transpired in
course of investigation, grant of bail to aforesaid co-accused
Ramnivas Kumar on whose confessional statement before the
police, the name of the petitioner transpired together with the
petitioner having remained in custody for more than 2 years 11
months since 16.1.2020, the Court directs the petitioner to be
enlarged on bail in connection with Sessions Trial no.268 of
2021 (arising out of Ghoswari P.S. Case no.5 of 2020) on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional District and Sessions Judge 4th, Barh,
District-Patna.
Saurabh/-
(Partha Sarthy, J)
U
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